Terms of Service
Last Updated: June 14, 2025
Welcome to PCON. These Terms of Service ("Terms") govern your use of the PCON application and any related services ("Service"). By using our Service, you agree to these Terms.
1. The Service
PCON provides insights into your pet's emotional state through AI analysis and offers personalized music playlists. PCON IS AN ENTERTAINMENT AND WELLNESS TOOL AND IS NOT A MEDICAL DEVICE. IT DOES NOT PROVIDE VETERINARY ADVICE OR DIAGNOSES. Always consult a qualified veterinarian for your pet's health concerns.
2. Your Account
You must be at least 13 years old (or the applicable age in your jurisdiction) to create an account. You are responsible for safeguarding your password and for all activities that occur under your account.
3. Your Content
You retain ownership of all intellectual property rights in the video and audio content you create ("Your Content"). However, by using the Service, you grant PCON a worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, analyze, and create derivative works from Your Content for the purposes of operating, improving, and developing the Service and our AI models. This license ends when you delete Your Content or your account.
4. Acceptable Use
You agree not to violate our Community Guidelines. You will not misuse the Service, including attempting to interfere with it, access it using a method other than the provided interface, or use it for any illegal purpose.
5. Subscriptions and Automatic Renewal
Subscription Plans:
We may offer certain enhanced features of the Service on a subscription basis ("Subscription"). By purchasing a Subscription, you agree to pay the fees specified at the time of purchase.
AUTOMATIC RENEWAL:
YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF EACH SUBSCRIPTION TERM FOR A SUBSEQUENT TERM OF THE SAME DURATION, AND YOUR PAYMENT METHOD WILL BE AUTOMATICALLY CHARGED THE THEN-CURRENT SUBSCRIPTION FEE, UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION POLICY BELOW.
Clear and Conspicuous Disclosure:
Before you complete your purchase, we will clearly and conspicuously disclose the material terms of the subscription, including the price, the billing interval, and how to cancel.
Affirmative Consent:
We will obtain your affirmative consent to the automatic renewal terms separately from your consent to these Terms of Service.
Post-Purchase Acknowledgment:
After your purchase, you will receive an acknowledgment email containing the automatic renewal terms, cancellation policy, and information on how to cancel.
Renewal Reminders:
For any subscription with a term of one year or longer, we will send you a renewal reminder notice between 30 and 60 days before the renewal date.
Cancellation Policy:
You may cancel your Subscription at any time through your account settings in the PCON app. Your cancellation will be effective at the end of the current billing period. To avoid being charged for the next billing period, you must cancel at least 24 hours before the renewal date. THE CANCELLATION PROCESS IS DESIGNED TO BE AS SIMPLE AS THE SIGN-UP PROCESS.
Price Changes:
We reserve the right to change our subscription fees. We will provide you with reasonable prior notice of any price changes and you will have the opportunity to cancel your subscription before the new price takes effect.
6. Termination
We may suspend or terminate your access to the Service at any time, without prior notice or liability, for any reason, including your breach of these Terms.
7. Disclaimers and Limitation of Liability
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PCON, ITS AFFILIATES, AND ITS LICENSORS DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL PCON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOST DATA, ARISING OUT OF YOUR USE OF THE SERVICE. PCON'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO PCON DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR FRAUD.
8. Indemnification
You agree to defend, indemnify, and hold harmless PCON, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that Your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
9. Dispute Resolution by Binding Arbitration and Class Action Waiver
Agreement to Arbitrate:
You and PCON agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court.
CLASS ACTION WAIVER:
YOU AND PCON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PCON agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Arbitration Rules:
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules. This agreement is governed by the Federal Arbitration Act (FAA).
Opt-Out:
You may opt out of this arbitration agreement. If you do so, neither you nor PCON can require the other to participate in an arbitration proceeding. To opt out, you must notify PCON in writing within 30 days of the date that you first became subject to this arbitration provision.
10. Governing Law
These Terms are governed by the laws of the State of Ohio, United States, without regard to conflict of law principles. Any legal action related to these Terms or the App will be brought in the federal or state courts located in Cincinnati, Ohio, United States.
11. Changes to These Terms
We may update these Terms. If a change is significant, we'll give you at least 30 days' notice before the new Terms take effect. By continuing to use the App after updates, you agree to the new Terms.
12. Contact Us
Have questions about these Terms? Contact us at:
PCON
[Insert Support Email Address Here]